A single-paragraph order listing proceedings where the investigation file was lost. The appellate court declined immediate remand and directed parties to submit arguments on a later date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI
FPA-FE-1125/DLI/2004
Sh. R.V.S. Minhas
… Appellant
Versus
The Joint Director Directorate of Enforcement, Mumbai … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Sh. Madhav Khurana, Advocate For the respondent : Shri Pankaj Yadav, Legal Consultant CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER
ORDER 11.07.2017
FPA-FE-1125/DLI/2004
As per the provisions of Part XIV of Chapter VI of the Finance Act 2017, the Appellate Tribunal for Foreign Exchange (ATFE) has been merged with the Appellate Tribunal under the Smugglers & Foreign Exchange Manipulators (Forfeiture of Properties) Act 1976, w. e. f. 26.05.2017.
On 14th December, 2016 the directions were given to the respondent to provide the copies of the relied upon documents to the appellant. As a matter of fact, the last opportunity was given.
On 13th January, 2017 the statement was made on behalf of the respondent that despite of best efforts of the Delhi Zone, the investigation file of the appeal could not be traced out.
The learned counsel for the appellant submits that in view of the objection raised by the appellant that he was not served with the notice
FPA-FE-1125/DLI/2004
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or heard at the time of passing of the order, it would be appropriate that
the matter may be remanded back for re-consideration.
On the other hand, the counsel for the appellant submits that once the statement is made by the respondent that the investigation file could not be traced out, the remanding back matter would not serve any purpose. We agree with the counsel for the appellant that we are of the view that it would be appropriate that both the parties may make their submissions on the next date.
List on 15th September, 2017 at 02:30 PM.
(Justice Manmohan Singh) Chairman
(Anand Kishore)
Member
New Delhi,
11th July, 2017
‘K’
FPA-FE-1125/DLI/2004
Page 2 of 2
R.V.S. Minhas
The Joint Director Directorate of Enforcement, Mumbai
Manmohan Singh
Anand Kishore
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
